Walker v. Wolverine Fabricating & Mfg Co.

The issue in this case is whether the provision in Const 1963, art 5, § 29, that appeals from final decisions of the Civil Rights Commission shall be "tried de novo” requires the reviewing circuit court to conduct an entirely new evidentiary hearing or whether it may conduct a hearing on the record below. This inquiry necessitates a review of 1) the common understanding of the phrase "appeals . . . tried de novo,” 2) the language and construction of the Fair Employment Practices Act, which was the model for the constitutional provision, 3) the background and purpose of the provision, as…